Fundamental Labour Rights In China Legal Implementation And Cultural Logic

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Fundamental Labour Rights in China - Legal Implementation and Cultural Logic

Author : Ulla Liukkunen
Publisher : Springer
ISBN 13 : 3319231561
Total Pages : 269 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Fundamental Labour Rights in China - Legal Implementation and Cultural Logic by : Ulla Liukkunen

Download or read book Fundamental Labour Rights in China - Legal Implementation and Cultural Logic written by Ulla Liukkunen and published by Springer. This book was released on 2015-12-12 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China’s domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

International Labour Organization and Global Social Governance

Author : Tarja Halonen
Publisher : Springer Nature
ISBN 13 : 3030554007
Total Pages : 151 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis International Labour Organization and Global Social Governance by : Tarja Halonen

Download or read book International Labour Organization and Global Social Governance written by Tarja Halonen and published by Springer Nature. This book was released on 2020-10-16 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN ́s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.

Research Handbook on Labour, Business and Human Rights Law

Author : Janice R. Bellace
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433117
Total Pages : 528 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Labour, Business and Human Rights Law by : Janice R. Bellace

Download or read book Research Handbook on Labour, Business and Human Rights Law written by Janice R. Bellace and published by Edward Elgar Publishing. This book was released on 2019 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.

China and ILO Fundamental Principles and Rights at Work

Author : Virginia Brás Gomes
Publisher :
ISBN 13 : 9789041149848
Total Pages : 0 pages
Book Rating : 4.1/5 (498 download)

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Book Synopsis China and ILO Fundamental Principles and Rights at Work by : Virginia Brás Gomes

Download or read book China and ILO Fundamental Principles and Rights at Work written by Virginia Brás Gomes and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although China is not new to labour law - it was among the founders of the International Labour Organisation (ILO) in 1919 - labour conditions in China today are the subject of concern to observers both inside China and in the international community. In response, China has devoted much attention recently to reforming its labour law system, a process driven by a political reorientation towards labour protection in the context of economic globalization. However, labour disputes and labour unrest continue to proliferate. Using as its starting point an international research seminar held at Helsinki University in January 2013, this volume gathers a remarkable array of academic perspectives on China and its legal system by scholars from China, the United States, and Europe into a stimulating and unique combination of commentary and analysis of the challenges relating to implementation of fundamental labour rights as spelled out in the landmark 1998 ILO Declaration on Fundamental Principles and Rights at Work in the Chinese setting. Importantly, the analysis fully takes into account action in relation to the promotion of labour rights by not only the Chinese government but local governmental authorities, trade unions, enterprises, and other actors. Each author focuses on a different aspect of how these fundamental labour rights operate in the Chinese legal environment and the kinds of obstacles met in their protection. Among the issues that arise are the following: gaps between ILO conventions and Chinese national laws occurring in the transformation of international obligations into domestic laws; how parties to a labour dispute cases may invoke ILO conventions before courts or administrative authorities; market obstacles caused by linking trade with observance of labour standards; the trade union rights framework in China; bottom-up pressures from workers' collective action; conflicts between Chinese state-owned enterprises and their employees; complications in informal employment labour relations; the growing divide between statute law and legal practice; implementation of the anti-discrimination law; discrimination due to China's household registration system; and corporate social responsibility. Many of the challenges relating to implementation of fundamental labour rights discussed in this volume can be considered common to many countries. The book offers new research questions and a wider scope of analysis, and also provides new tools for discussion regarding the promotion of fundamental labour rights.

Collective Bargaining in Labour Law Regimes

Author : Ulla Liukkunen
Publisher : Springer Nature
ISBN 13 : 3030169774
Total Pages : 619 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Collective Bargaining in Labour Law Regimes by : Ulla Liukkunen

Download or read book Collective Bargaining in Labour Law Regimes written by Ulla Liukkunen and published by Springer Nature. This book was released on 2019-10-02 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

Megaregionalism 2.0

Author : Ernst Dieter
Publisher : World Scientific
ISBN 13 : 9813229845
Total Pages : 532 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis Megaregionalism 2.0 by : Ernst Dieter

Download or read book Megaregionalism 2.0 written by Ernst Dieter and published by World Scientific. This book was released on 2018-05-30 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights for policy debates on how to strengthen the gains from trade for innovation through an inclusive trading environment that facilitates access to knowledge for all. Rising economic nationalism, especially in the United States, creates new challenges to an enlightened globalization agenda. The US government has withdrawn from the Transpacific Partnership agreement (TPP) that once was considered to be the gold standard of megaregionalism, suggesting the need to highlight once again the critical role that international trade and investment play in fostering sustainable growth and prosperity. Fostering innovation and facilitating the links between trade and innovation are becoming increasingly important for developed and developing economies alike. But equally important are economic policies to ensure that gains and losses from trade for innovation are shared by all. This book is a must read for trade economists, innovation economists, trade negotiators, trade lawyers, and academicians interested in current transformations in the global economy and their impact on innovation and economic growth.

The Many Lives of Transnational Law

Author : Peer Zumbansen
Publisher : Cambridge University Press
ISBN 13 : 1108490263
Total Pages : 539 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Many Lives of Transnational Law by : Peer Zumbansen

Download or read book The Many Lives of Transnational Law written by Peer Zumbansen and published by Cambridge University Press. This book was released on 2020-04-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Human Rights in China

Author : Eva Pils
Publisher : John Wiley & Sons
ISBN 13 : 1509500731
Total Pages : 256 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Human Rights in China by : Eva Pils

Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Global Governance of Labour Rights

Author : Axel Marx
Publisher : Edward Elgar Publishing
ISBN 13 : 1784711462
Total Pages : 352 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Global Governance of Labour Rights by : Axel Marx

Download or read book Global Governance of Labour Rights written by Axel Marx and published by Edward Elgar Publishing. This book was released on 2015-11-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference. With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU’s social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes. Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.

Decoding Chinese Bilateral Investment Treaties

Author : Shen Wei
Publisher : Cambridge University Press
ISBN 13 : 110885303X
Total Pages : 371 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Decoding Chinese Bilateral Investment Treaties by : Shen Wei

Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: China is one of the major investment destinations and is a major country signing a large number of BITs and FTAs. China has been applying a liberalization approach to transform its BIT regime. This book investigates these widely accepted theories and norms in the context of investment liberalization.

Protecting Migrant Children

Author : Mary Crock
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430266
Total Pages : 552 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Protecting Migrant Children by : Mary Crock

Download or read book Protecting Migrant Children written by Mary Crock and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.

Social Reform, Modernization and Technical Diplomacy

Author : Véronique Plata-Stenger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110616327
Total Pages : 345 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Social Reform, Modernization and Technical Diplomacy by : Véronique Plata-Stenger

Download or read book Social Reform, Modernization and Technical Diplomacy written by Véronique Plata-Stenger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-04-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Founded in 1919 under the Treaty of Versailles as part of the League of Nations’ system, the ILO is still today the main organization responsible for the international organization of work and the improvement of working conditions in the world. Widely recognized for its efforts in building international labour standards, the ILO remains little studied by development specialists and historians. This book intends to fill this gap and traces the history of international development and its early pioneers, through an analysis of the activities of the International Labour Office, the Secretariat of the International Labour Organization, between 1930 and 1946. In this book, development is used as a key to questioning the ILO's place and function in the expanding inter-war world. The development practices and discourses that emerged in the 1930s were mainly intended to support the ILO's universalization strategy, which was made necessary by the events that shook Europe at the time. Development discourses and practices were also part of the "esprit du temps", as they were closely linked to the affirmation of the planist and rationalist ideas of the 1930s. However, development for the ILO was not reduced to a project of economic modernization, but was seen as a tool for social engineering, as evidenced by the ILO's missions of technical assistance, organized since 1930. The analysis of the expertise work makes it possible to highlight the logics that prevailed in technical assistance, which was more in line with institutional objectives, than with the dissemination of a genuine expertise. This book therefore hopes to bring new insight on the history of internationalism, and international organizations during the inter-war period and the Second World War, as well as on the role of the ILO in the history of international development thinking and practices.

Protecting Animals Within and Across Borders

Author : Charlotte E. Blattner
Publisher : Oxford University Press
ISBN 13 : 0190948310
Total Pages : 521 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Protecting Animals Within and Across Borders by : Charlotte E. Blattner

Download or read book Protecting Animals Within and Across Borders written by Charlotte E. Blattner and published by Oxford University Press. This book was released on 2019 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.

Politics of Precarity

Author :
Publisher : BRILL
ISBN 13 : 9004329706
Total Pages : 343 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Politics of Precarity by :

Download or read book Politics of Precarity written by and published by BRILL. This book was released on 2016-10-05 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Politics of Precarity: Migrant Conditions, Struggles and Experiences, edited by Carl-Ulrik Schierup and Martin Bak Jørgensen, the contributing authors look into precarity. Precarity has become a buzzword in as well academia as among activist. The book depicts precarity as being both a condition and a mobilizing force for resistance. The volume asks questions that investigate conditions and resistance across diverse cases such as first generation urbanites in China, migrant pensioners and unemployed youth in Sweden and Spain, refugees in Germany, irregular and regular migrants in Southern Europe, Turkey, Russia the United States and South Africa. Contributors are: Susanne Bregnbæk, Ines Calzada, Maribel Casas-Cortés, Anna Gavanas, Gregoris Ioannou, Martin Bak Jørgensen, Irina Kuznetsova-Morenko, Ronaldo Munck, Dimitris Parsanoglou, John Round, Carl-Ulrik Schierup, Peter Schultz Jørgensen, Nazlı Şenses, Vassilis Tsianos, Nicos Trimikliniotis, and Mimi Zou.

Private International Law Aspects of Corporate Social Responsibility

Author : Catherine Kessedjian
Publisher : Springer Nature
ISBN 13 : 3030351874
Total Pages : 697 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Private International Law Aspects of Corporate Social Responsibility by : Catherine Kessedjian

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Labour Administration Reforms in China

Author : Giuseppe Casale
Publisher :
ISBN 13 : 9789221279044
Total Pages : 0 pages
Book Rating : 4.2/5 (79 download)

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Book Synopsis Labour Administration Reforms in China by : Giuseppe Casale

Download or read book Labour Administration Reforms in China written by Giuseppe Casale and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has the largest labor market in the world. To adapt to the challenges of rapid urbanization and industrialization, China's labor administration system is being reformed and modernized so that it can effectively ensure compliance with legislation and protect the rights and interests of employers and workers. This timely volume provides a comprehensive overview of the evolution of labor administration in China. It details the recent reforms of Chinese legislation and institutions. The authors provide a clear explanation of the principles and practical workings of labor administration in workplace-specific issues such as occupational safety and health, labor relations, and working conditions.

Transnational Labour Law

Author : Antonio Ojeda Avilés
Publisher : Kluwer Law International
ISBN 13 : 9789041158581
Total Pages : 0 pages
Book Rating : 4.1/5 (585 download)

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Book Synopsis Transnational Labour Law by : Antonio Ojeda Avilés

Download or read book Transnational Labour Law written by Antonio Ojeda Avilés and published by Kluwer Law International. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovative analysis projects, for the first time in such depth, the mixture of public and private regulation - both substantive and procedural - that characterizes employment relations virtually everywhere in the world today. The book's detailed discussions of ILO and EU measures deal not with these organizations' rules in themselves, but with the ways these organizations regulate private entities, because such regulations mark the limits and possibilities of labour action by multinationals.